Wrongful Death Legal Glossary R

Reasonable Doubt: The definition varies from state to state. Before someone may be found guilty, the jury (or judge) must be convinced in the defendant's guilt beyond a reasonable doubt. It represents the highest legal standard in our country; it generally requires an abiding conviction in the truth of each and every element of the charges.

Rising Alcohol Defense: This defense is based on the idea that alcohol levels change over time, as the body absorbs alcohol, reaches a peak level, and then eliminates alcohol. Breath or blood testing is done after driving; these test results tell us what the alcohol level is at the time of testing, not at the time of driving. The rising alcohol defense is simply that at the time of driving the alcohol level was below the legal limit, even if it continued to rise until the time of testing.

 

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